Peabody v. Zion

Appellate Division of the Supreme Court of New York

Peabody v. Zion

283 A.D. 728, 127 N.Y.S.2d 662, 1954 N.Y. App. Div. LEXIS 5088

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 8, 1954

StatusPublished

Cited by2 cases

This text of 283 A.D. 728 (Peabody v. Zion) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Peabody v. Zion, 283 A.D. 728, 127 N.Y.S.2d 662, 1954 N.Y. App. Div. LEXIS 5088 (N.Y. Ct. App. 1954).

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Opinion

In a proceeding pursuant to article 78 of the Civil Practice Act, the Mayor and trustees of the Incorporated Village of Lawrence appeal from an order which annulled a determination of the Mayor denying respondent’s application for a license to operate a taxicab and directed that such license issue. Order reversed on the law, without costs, and proceeding dismissed, without costs, and without prejudice to the right of respondent, if so advised, to prosecute an appeal from the determination to the village board of trustees or other corresponding body. Until respondent has exhausted her statutory remedy of appeal within the municipality (Village Law, § 91), her resort to the courts is necessarily premature and requires a dismissal of the proceeding. (Civ. Prae. Act, § 1285, subds. 3, 4.) Nolan, P. J., Adel, Wenzel, MaeCrate and Beldoek, JJ., concur.

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In a proceeding pursuant to article 78 of the Civil Practice Act, the Mayor and trustees of the Incorporated Village of Lawrence appeal from an order which annulled a determination of the Mayor denying respondent’s application for a license to operate a taxicab and directed that such license issue. Order reversed on the law, without costs, and proceeding dismissed, without costs, and without prejudice to the right of respondent, if so advised, to prosecute an appeal from the determination to the village board of trustees or other corresponding body. Until respondent has exhausted her statutory remedy of appeal within the municipality (Village Law, § 91), her resort to the courts is necessarily premature and requires a dismissal of the proceeding. (Civ. Prae. Act, § 1285, subds. 3, 4.) Nolan, P. J., Adel, Wenzel, MaeCrate and Beldoek, JJ., concur.

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Bluebook (online)

283 A.D. 728, 127 N.Y.S.2d 662, 1954 N.Y. App. Div. LEXIS 5088, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peabody-v-zion-nyappdiv-1954.

Opinion

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